Smt Santra Devi wdo Late Shivpal Singh & Mo Late LAC Amit Kumar (AF) vs UOI & Others on 21 April 2026

**ARMED FORCES TRIBUNAL, REGIONAL BENCH, JAIPUR**

**12.**

**OA 514/2022**

**Smt Santra Devi, wife of Late Shri Shivpal Singh, M/o Late LAC Amit Kumar, Service No 984488 T, Resident of Village Malakali, Post Jaitusar, Via Reengus, District Sikar, Rajasthan – 332 404**

**.... Applicant**

**Versus**

**1. UOI, through the Secretary, Ministry of Defence, Govt of India, South Block, New Delhi – 110 011**

**2. Principal Director, Dte of Air Veterans, Air HQ, Subroto Park, New Delhi – 110 010**

**3. PCDA (P), Draupadi Ghat, Prayagraj, UP – 211 014**

**4. The Secretary, Air Force Group Insurance Society (AF GIS), Subroto Park, New Delhi – 110 010**

**5. The Secretary, Indian Air Force Benevolent Association, (IAF BA), Subroto Park, New Delhi – 110 010**

**6. Smt Sunita Devi, wife of late LAC Amit Kumar, D/o Santosh Kumar, Resident of Village Kishanpura (Ralawata), Post Bhajpur, Tehsil Khandela, District Sikar, Rajasthan**

**Respondents**

**For Applicant**

**: Mr. OP Sheoran, Advocate**

**For Respondents**

**: Mr. Pyare Lal, Senior Panel Counsel (R1-5)**

**Gp Capt Bhavana Mehra, OIC Legal Cell, Air Force**

**CORAM:**

**HON'BLE MR. JUSTICE GOVERDHAN BARDHAR, MEMBER (J)**

**HON'BLE MR. SANJIV MITTAL, MEMBER-(A)**


**21-04-2026**

**यतो म्दधाः सतो जयः**

**1. Under Section 14 of the Armed Forces Tribunal Act 2007, the Applicant, who is the mother of deceased LAC Amit Kumar, has filed this OA praying for directing the Respondents for the following :-**

- **(a) Grant Ordinary Family Pension to the applicant mother;**

- **(b) Grant enhanced rate of Family Pension to the applicant for a period of ten years wef 01/9/2021;**

- (c) Release all other consequential benefits like Provident Fund (PF), Family Assistance Allowance from IAF BA etc, to the applicant with interest @18% per annum;

- (d) Release the complete share of insurance benefits of Air Force Group Insurance to the Applicant with interest @18% per annum;

- (e) Grant arrears of pension with interest @18% per annum and

- (f) Any other order or direction as this Hon'ble Tribunal may deem fit in the circumstances of the case.


2. The Respondents have filed a detailed Reply Statement and submitted that No 984488T LAC Amit Kumar, son of the applicant herein, was enrolled in the Air Force on 28/6/2017. While he was posted on the strength of 20 Wing, Air Force, he committed suicide with his service weapon, INSAS Rifle, on 31/8/2021. He had got married to Smt Sunita Gadhwal on 12/8/2020 and was blessed with a girl child on 19/5/2021. During his service span and before his marriage with the said Smt Sunita Gadhwal, he had nominated his Mother, i.e. Applicant herein, as 100% recipient for AF PPF. Upon suicide of her son and based on suicide note left behind by the deceased soldier, the Applicant lodged an FIR No. 454/2021 dated 09/9/2021 for abetment of suicide against the wife and in-laws of the deceased soldier under Section 306 of IPC before Police Station, Bagdogra, West Bengal, which is pending for adjudication before the Competent Court. All the four accused named in the FIR have been granted Bail by the Sessions Court, Darjeeling, on 08/4/2022. Gist of the translated version of the suicide note, written in Hindi, Annexure R/3, left behind by the deceased soldier reads, as follows :- यतो न्यायः ततो जयः *"I, Amit Kumar, am committing suicide today. I request the Indian Air Force to not to harass the other Guards who are performing guard duty alongwith me. It is no fault of theirs. Neither is it a fault of anyone in the Unit as the people are very good. My tensions used to be halved whenever I used to be with the staff of the Unit. Smt Santosh Gadhwal, my father in law who abuses me and my mother on phone is responsible for my death. He tells me, "come home, I will get you arrested by Police". My brother-in-law, Indrajeet, abuses me on phone. I have call recordings of both on my phone. My mother-in-law, Smt Kaushalya Devi, tells me, "you die. Everyone in the world dies". They have taken my wife away from my home and are keeping her with*

them. I had been trying to die for the last 40-45 days. But I used to hold back because of my mother. I thought my wife, Sunita Gadhwal, would understand but she did not. She has been staying at her own home for the last 50 days. These four persons together have destroyed my life. In the past six months I had transferred Rs 42,500/- into the account of my wife and when I go on leave I give Rs 20,000/- in cash. To implicate me she calls my officers and tells them I do not give her money. My brother-in-law blackmailed me and took approximately Rs 4.5 Lac from me. He has transferred this money in his friend's account. My life ended on 12/8/2020 itself when I married a girl like her. No, I hate the very word marriage. It is about 50 days since my wife has gone to her home and refused to come back. Asking forgiveness from his daughter and Unit personnel, for taking extreme step, the note concluded by stating that his wife and in-laws should not get even a single paisa. After his deaths whatever money he gets, only his mother and sisters should get as they are the ones who were for him. Please do get my people read this letter for sure".

3. During the course of hearing, Senior Panel Counsel for the Respondents submitted that since wife of the deceased soldier (Respondent No 6) is an accused in the matter of suicide of LAC Amit Kumar as an abettor in the case filed by the Applicant, grant of Family Pension and other terminal benefits to the widow of the deceased soldier are held in abeyance pending final adjudication of the case pending before the Court of Law. He has also submitted that barring grant of family pension and other benefits to the widow of the deceased soldier, Respondents have no objection in disposing off the OA with a direction to make payment out of AF PPF and Air Force Group Insurance Scheme as per the Will left behind by the deceased soldier.

4. We have heard the Counsels for the parties and perused the material on record.

5. It is apparent that son of the applicant, LAC Amit Kumar, committed suicide on 31/8/2021. Based on the suicide note left behind by the deceased soldier, Annexure R/3, the deceased soldier had blamed his wife, Smt Sunita Gadhwal, for taking the extreme step of committing suicide. In the suicide note, late LAC Amit Kumar, had expressed his desire of granting all benefits to her mother and sister and categorically stated not to grant any benefits to his widow.

6. Though the Counsel for the Applicant has stated that balance of AF PPF and AF GIS can be disbursed to the applicant, the fact remains that the deceased soldier has also left behind a daughter, whose right to receive terminal benefits including pensionary benefits do not get extinguished.

7. In view of the foregoing and since wife of the deceased soldier is an accused in the suicide of late LAC Amit Kumar as an abettor, we deem it appropriate to dispose off this OA with a direction to Respondents to release 50% of the AF PPF balance and 50% of the amount payable from the Air Force Group Insurance as the survival benefits to mother of the deceased soldier, ie, Applicant herein, and balance 50% of both these amounts be kept in deposit in the name of the daughter of the deceased Airman payable to her on attaining the age of majority, within a period of six months from the date of receipt of a copy of this Order. As regards Ordinary Family Pension, the same may be kept on hold till the case filed against the widow of the deceased is finally adjudicated. The Respondents shall take necessary steps to decide grant of pension in favour of the widow/daughter/applicant herein, once the case is finally decided in the Court of Law, as per relevant rules/policy on the subject.

8. The OA is disposed off accordingly. No order on costs.

9. Pending application, if any, also stands disposed off.


Sd/- XXX

Sd/- XXX

(SANJIV MITTAL) MEMBER (A)

(GOVERDHAN BARDHAR) MEMBER (J)

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